10. Criminal law. Flashcards
T/F: In order to be protected as a whistleblower by the Public Interest Disclosure Act (1998) a person needs to be an ‘employee.’
FALSE
The act applies to workers generally.
T/F: A person must be a minimum of 16 years old in order to be afforded protection under the Public Interest Disclosure Act (2010).
FALSE
T/F: A worker must have at least one year’s continuous service with their employer in order to be afforded protection under the Public Interest Disclosure Act (2010).
FALSE
T/F: A person must be able to prove any wrongdoing about which they wish to make a protected disclosure under whistleblowing legislation.
FALSE
They need only have a reasonable belief that the wrongdoing exists.
T/F: In order to be afforded protection under the Public Interest Disclosure Act (2010) a disclosure must be a qualifying one.
TRUE
T/F: In order to be afforded protection under the Public Interest Disclosure Act (2010) a disclosure must be made with a reasonable belief in its truth.
TRUE
T/F: In order to be afforded protection under the Public Interest Disclosure Act (2010) a disclosure must be supported by documentary evidence.
FALSE
documentary evidence is not required, althoug some grounds for the ‘reasonable belief’ will be required by any court.
T/F: In order to be afforded protection under the Public Interest Disclosure Act (2010) a disclosure must be made to an appropriate person or recognised regulatory body.
TRUE
T/F: The likely commission of a criminal offence is a protected disclosure under the Public Interest Disclosure Act (2010).
TRUE
T/F: Negligent behaviour by an employer is a protected disclosure under the Public Interest Disclosure Act (2010).
TRUE
a duty of care is a legal obligation
T/F: Environmental damage is a protected disclosure under the Public Interest Disclosure Act (2010).
TRUE
T/F: A cover up is a protected disclosure under the Public Interest Disclosure Act (2010).
TRUE
T/F: The exsitence of unsafe working practices is a protected disclosure under the Public Interest Disclosure Act (2010).
TRUE
T/F: A miscarriage of justice is a protected disclosure under the Public Interest Disclosure Act (2010).
TRUE
T/F: An unsubstantiated rumour is a protected disclosure under the Public Interest Disclosure Act (2010).
FALSE
see Bill v D. Morgan (2000)
T/F: Unethical, though legal behaviour is a protected disclosure under the Public Interest Disclosure Act (2010).
FALSE
see Goode v Marks and Spencer PLC (2010)
T/F: In order to be protected under whistleblowing legislation, it is sufficient that a worker making a disclosure to an appropriate regulatory body holds a reasonable belief that the information they are disclosing is correct.
TRUE
In order to be protected under whistleblowing legislation, it is sufficient that a worker making a disclosure to an appropriate regulatory body holds a … that the information they are disclosing is correct.
reasonable belief
T/F: In order for a disclosure to be ‘qualifying’ it must be made in good faith.
FALSE
The requirement is now that such disclosure is ‘in the public interest.’
T/F: In order for a disclosure to be ‘qualifying’ it must be made in the public interest.
TRUE
In order for a disclosure to be ‘qualifying’ it must be made in …
the public interest.
A whistleblower making a disclosure deemed not to be made in good faith may see any compensation reduced by up to …
25%
A whistleblower making a disclosure deemed not to be made in … may see any compensation reduced by up to 25%.
good faith
T/F: A protected disclosure under whistleblowing legislation MUST be raised internally in the first instance.
FALSE
Minister of the Crown, Prescribed Regulator, Legal Advisor, e.t.c.
A worker making a qualifying disclosure under whistleblowing legislation is afforded statutory protection from any ‘…’ as a result of that disclosure.
detriment
T/F: A ‘wider’ disclosure, even directly to the police, is NEVER protected if made for the motives of personal gain.
TRUE
T/F: A ‘wider’ disclosure is only possible if the matter has previously been raised internally or with a prescribed regulator e.t.c.
FALSE
If the invidual fears victimisation or a cover up then wider disclosure is permitted.
The two main situations in which a ‘wider’ disclosure can be made without an issue being raised internally or with a prescribed regulator.
- fear of victimisation
- fear of a cover up
A ‘wider’ disclosure must be RITC* and NFPG.
reasonable in the circumstances
A ‘wider’ disclosure must be RITC and NFPG*.
not for personal gain
T/F: The Fraud Act requires a person to actually make a gain in order to be guilty of an offence.
FALSE
They need only intend to make a gain or expose another to loss or the risk of loss.
T/F: A company director found guilty of fraudulent trading is automatically disqualified from company directorship.
FALSE
although it is highly likely, there is no automatic disqualification under statute.
The three specified ways in which the statutory offence of Fraud may be committed.
Fraud by false representation.
Fraud by failure to disclose information.
Fraud by abuse of position.
T/F: A qualifying disclosure under the PIDA may relate to the behaviour of someone other than the discloser’s employer.
TRUE
It could be a third party, for example a co worker or ther employer’s wife.
The Public Interest Disclosure Act (1998) affords protection to …
employees.
To offer protection, a disclosure under the PIDA must be made …
in the public interest.
The maximum penalty for Fraud is …
up to 10 year’s imprisonment and an unlimited fine
T/F: Criminal fraudulent trading can only be committed by a company director.
FALSE
Anyone who is knowingly a party to it may be found guilty.
T/F: The criminal offence of fraudulent trading requires a company to be in liquidation.
FALSE
Fraudulent trading usually requires a …
positive act.
Dealing in securities while in possession of inside information as an insider, the securities being price-affected by the information.
Insider dealing.
Insider dealing.
Dealing in securities while in possession of inside information as an insider, the securities being price-affected by the information.
The maximum penalty for Insider Dealing is …
up to 7 year’s imprisonment and an unlimited fine
Offences under insider dealing legislation: ID*, EATD, DI
insider dealing
Offences under insider dealing legislation: ID, EATD*, DI
encouraging another to deal
Offences under insider dealing legislation: ID, EATD, DI*
disclosing information
